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Month: August 2022

Nafqah / Maintenance

Maintenance under Muslim Law known as ‘Nafqah’ means amount spent by a man on his family to provide for food, shelter, clothing, lodging and other essential requirements for livelihood. A Muslim husband has obligation to maintain his wife during the subsistence of marriage. A husband is require to maintain his wife irrespective of his financial condition.

According to Ameer Ali’s Mohammedan law, the right of the Muslim wife to maintenance is subject to the condition that she is not ‘refractory’ or does not refuse to live with her husband without reasonable cause. Under Muslim law, maintenance is known as “Nafqah” which means what a man spends on his family.

Requirements for claim of maintenance:

  • Inability of person to maintain himself/herself
  • Failure or neglect by the person/ obligation
  • Person must be related
  • Statutory obligation to maintain 

When maintenance can be claimed

During the subsistence of marriage

During the pendency of the any matrimonial relief

After obtaining decree of divorce.

Applicability

  1. Wife

2. Children- Both boy and girl

3. Parents and Grandparents and

4. Any other relatives

  1. Wife:

The right to maintenance of a Muslim woman is absolute and not conditional on whether she can maintain herself or not.

Hence all the Muslim women earning or not earning are eligible for the right to maintenance which is contrary to most of the other religious acts where only dependent women are eligible for the maintenance.

It is the duty and liability of the husband to provide adequate maintenance to his wife in all the circumstances irrespective of his financial condition

Muslim women cannot applicable for maintenance

1.She has not attained puberty.

2.She has abandoned her husband and marital duties with sufficient reason.

3.Where she elopes with some other man.

4.In a case where she disobeys the reasonable commands of her husband.

The refusal of the wife to perform her matrimonial obligation towards husband and her claim of maintenance is to be examined not only under Muslim personal law but also under the Criminal Procedure Code. The claim of wife for the maintenance under this act is an independent statutory right not affected by her personal law. A Muslim wife, who lives separately due to her husband’s second marriage, is entitled to claim maintenance allowance under the provisions of Criminal Procedure Code, 1973.

In Begum Subanu alias Saira Banu v. A.M Abdool Gafoor, the Supreme Court held that irrespective of a Muslim husband’s right to contract a second marriage, his first wife would be entitled to claim maintenance. A Muslim wife, whose husband neglects to maintain her without any lawful justification, is entitled to file a suit for maintenance in a civil court under her personal law. She is also entitled to enforce her right under the CrPc 1973. Where a Muslim wife is in urgent need, she may apply for an order of maintenance under section 125 of the Criminal Procedure Code; 1973. A magistrate of the first class may then order the husband to provide monthly allowance not exceeding five hundred rupees, for the maintenance of his wife.

Maintenance of the divorced woman

It can be discussed under the following heads:-

  1. Muslim personal law

2. Section 125 Criminal Procedure Code 1973 and

3. The Muslim Women (Protection of Rights on Divorce) Act,1986

A divorced wife can claim maintenance from the former husband only for that period during which she is observing her Iddat. The duration of Iddat on divorce is three menstruation periods or, if pregnant, till delivery of the child. The former husband’s liability extends only up to the period of iddat, not beyond that.

The term ‘wife’ includes a ‘divorced wife’. Section 125 is applicable also to a divorced Muslim wife. Section 127(3) provides that the order of maintenance in favour of a divorced wife shall be cancelled, and such woman shall not be entitled to maintenance under the following circumstances:

  1. Where the divorced woman has remarried

2. Where such woman has received the whole sum due to her on divorce under any customary or personal law, and

3. Where the woman, after obtaining a divorce from her husband, has voluntarily surrendered the right to maintenance.

In Mohd. Ahmad Khan v. Shah Bano Begum AIR 1985 SC 945, the Supreme Court reiterated its stand and held that a divorced Muslim woman, so long as she has not remarried, is a wife for the purpose of section 125, and is entitled to maintenance from her former husband.

Maintenance after the Iddat:

The divorced woman who remains unmarried after the Iddat, and is unable to maintain herself, is entitled to get maintenance from her such relatives who would inherit her properties upon her death. In the absence of any such relatives or, where they have no sufficient means, then ultimately the liability to maintain her is cast upon the Waqf Board of the state in which she resides.

The Muslim Women (Protection of Rights on Divorce) Act,1986 has now made the operation of section 125-128 of the Criminal Procedure Code optional in respect of Muslim woman. The first landmark judgment that deals with Muslim personal law was the 1986 judgment in Shah Bano Begum v. Md. Ahmed.

In this case, the apex court held that Muslim women have a right to maintenance under Section 125 of the Cr.P.C even if the Quran or their personal laws have provided for an alternate remedy. The same ratio was upheld by the apex court in Daniel Latifi v. Union of Inia.

Recently, in the leading case of Shayara Bano v. Union of India, the apex court held the system of instantaneous divorce by the utterance of the word ‘talaq’ thrice orally unconstitutional because the right to instantaneous divorce is only with the men and not women.

Further, the system is arbitrary and hence, violative of Article 14. Therefore, the judiciary has assisted in the development of Muslim personal law.

In Danial Latifi and others v. Union Of India AIR 2001 SSC 958 all the writ petitioners challenging the constitutional validity of the Muslim Women Act 1986 were clubbed together in this P.I.L. under article 32 of the constitution. The writ petition was dismissed by the Supreme Court challenging the validity of Muslim Women Act 1986. The Court upheld the validity of the Act.

In A. Yousuf v. Sowramma it was held by the court that whatever the cause may be the wife is entitled to a decree for the dissolution of her marriage if the husband fails to maintain her for a period of two years, even though the wife may have contributed towards the failure of the maintenance by her husband.

Children- Both boy and girl

Muslim Father is under the obligation to maintain his legitimate child until he attains the puberty age. Under Muslim Law, the father has to maintain his son only until he attains majority. While he has to maintain his daughter until her marriage and till the time she goes to her husband’s home. Under the law, the father is not under a duty to maintain the illegitimate child. Thus after perusing the above-mentioned facts, it can be easily concluded that the maintenance provisions of Muslim Law are different from other personal laws and are very unique.

Parents and Grandparents

It is obligatory upon a man to provide maintenance for his father, mother and grandfather and grandmother if they happen to be in circumstances necessitating it.  The fact that they may belong to different religions makes no difference. Except his wife, children, parents, grand-children and grandparents, a man are not obliged to maintain other relations belonging to other religions

The parents have the next position in the right of maintenance after the children. The liability to maintain parents rests only on the children and is not shared by anyone else. As between the parents the mother is entitled to preference over the father. Shia Law – the right of the two parents is equal. So also the right of the parents and children are equal. Maintenance must in each case be divided equally. But the parents are preferred to grandparents.

       Parents and children are jointly liable for a person’s maintenance. Thus, if a man has both father and a son who are not poor, the liability falls equally upon them. The grand-children of a person would not be liable to maintain if there is a husband, children or parents who would be under a duty to maintain, even though they may be entitled to daughter or the father must maintain. Thus, if a man has a daughter or father and a son’s son, the daughter or the father must maintain. The son’s son would not be bound to maintain even though he is entitled to inherit. As in the case of sons, the liability of all grand-children would be equal. law – maintenance is due from all the descendents together but they are not equal in all respects.

The obligation is on the nearest. If there is equality in the degree of relationship, the obligation is in the person who will be heirs. There is, however, a difference in opinion as to whether the liability is joint or only in proportion to shares in inheritance. If both the ascendants and descendants are alive, the latter would be primarily liable irrespective of the distance of degree of relationship.

Quantum of Maintenance

The quantum of maintenance is not prescribed under any personal law. The court decides the quantum on the basis of the financial condition of husband and wife and any other circumstances relevant to the case. The Shia Law decides the quantum of maintenance by taking into consideration the requirements of the wife. The Shafei Law determines the quantum of maintenance by the post of the husband. Thus, the basis of determination of quantum of maintenance is different for different sub-castes of Muslims.

Conclusion

The whole concept of maintenance is to protect the rights of wife and protect her a dignified life and even after dissolution of marriage the husband is in the liability to provide maintenance to his wife if she is not able to maintain herself. It is not only provided to the wife but also to children parents grandparents and grandchildren and other relation by blood. The amount of maintenance depends on the financial position of the person who is bound to provide maintenance. Under Muslim law women are considered be as compared to men. It is believed that they are not able to maintain herself on her so it is the liability of the husband to provide maintenance to wife in all conditions even if she is capable of maintaining herself. As per the rule except for the only wife and minor children The Other relations Which are which are not entitled for maintenance. But each Muslim is bound to provide maintenance for the ancestors and the descendants . And he’s also entitled to obtain maintenance from their as well provided that the person who has provides maintenance and should not be poor.

Federalism

According to the classification of the constitutions a constitution may be unitary or federal . unitary form of constitution the powers are centralized in a central govt only, but in the form of federal constitution there is division of powers between the center & state governments.and both are independent in their own spheres.

What is federalism 

The word federalism derived from the Latin  word “feodus “which means agreement. Elements of federalism were introduced into modern India by the govt of India act of 1919 .which separated powers between the center and states. The word federation is not mentioned in the Indian constitution .India is a federal system but with more tilt towards a unitary system of government. It is sometimes considered a quasi-federal system as it has features of both a federal and a unitary system. Article 1 of the Indian Constitution states, ‘India, that is Bharat, shall be a union of states’

Federalism is a system of govt in which two sets of governments operate on the same group of people. That means controlled by two levels of govt. The central govt usually oversee the issues of the entire country,other look after the issues of local concern. 

Purpose of the federalism ;

  1. Preventing concentration of power in the hand of one tire of govt .
  2. Generating strength of the nation through the union .

Essential characteristics of a federal constitution .

A federal constitution has the following essential characteristics are

  1. Distribution of powers 
  2. Supremacy of constitution 
  3. A written constitution 
  4. Rigidity
  5. Independent judiciary 
  6. Dual citizenship 
  7. Division of funds

1)  Distribution of powers –

                  The distribution of powers is an essential feature of federalism . Federalism means the distribution of powers of the state among the number of coordinate bodies each originating in and controlled by the constitution.

2)  Supremacy of Constitution –

                 A federal state derives its existence from the constitution.  Hence, every power, executive, legislative or judicial whether it belongs to the nation or the individual state is subordinate to and controlled by the constitution.  The constitution in a federal state constitute the supreme law of the land.  According to Prof. Where that those two institutions – the supreme constitution and the. written constitution are then, essential institutions to a federal government. The Supermacy of constitution is essential if a government is to be federal. 

3) A written constitution –

        A federal constitution must almost necessarily to be a written constitution. The foundations of a federal state are complicated contracts. It will be practically impossible to maintain the supremacy of the constitution unless the, terms of the constitution have been r reduced into writing. 

4) Rigidity –

         A natural of a written constitution is its rigidity . A constitution which is the supreme law of land must also be rigid.  In a rigid constitution the procedure of amendment is very complicated and difficult. This doesn’t mean that the constitution should not be legally unalterable. It simply means that the power of amending of the constitution should not be remain exclusively with either the central or state governments. A constitution of a country is considered to be the permanent document.  It is the supreme law of land. The Supremacy of the constitution can only be maintained if the method of amendment is rigid.

5) Authority of courts –

                   In a federal state the legal supremacy of the constitution is essential for the existence of federal system. The very nature of the federal state involves a division between the central and the state governments under the framework of the constitution. It is therefore,  essential to maintain this division of powers between the two levels of governments. This must be done by some independent and impartial authority above and beyond the ordinary bodies whether federal or state legislature or State legislature  existing  under the constitution.  The judiciary has, in a federal polity , , the final power to interpret the constitution and guard the entrenched provisions of the constitution.

6) Dual citizenship

The Constitution of India does not allow holding Indian citizenship and citizenship of a foreign country simultaneously. Based on the recommendation of the High Level committee on Indian Diaspora, the Government of India decided to grant Overseas Citizenship of India (OCI) commonly known as ‘dual citizenship’.

7) Division of Funds

While there is power sharing between the two levels of government, there should also be a system in place for revenue sharing. Both levels of government should have their own autonomous revenue streams. Because if one such government depends on the other for funds to carry out its functions, it really is not autonomous in its true nature.

India – A Federal State

India is a federal country. But not once in the constitution is the word “federation” ever mentioned. Instead what is said is that India is a “Union of States’.Actually many historians believe that India is a quasi-federal country. It means it is a federal state with some features of a unitary government. Let us see the reasons.

The constitution of India has essentially prescribed a federal state of government. As you already know we have several levels of government, The Government at the center, which id the Lok Sabha and the Rajya Sabha. Then the various state governments, the Vidhan Sabhas, and the Vidhan Parishad. And finally, we have the Municipal Corporations and the Panchayats, which are forms of local governance.

Our constitution makes a clear demarcation about legislative powers and jurisdictions. It is done through the three lists.

  • Union List: This includes subjects that carry national importance, like defense, finance, railways, banking etc. So such subjects only the Central Government is allowed to make laws.
  • State List: Includes all matters important to the functioning of a particular trade like transport, Trade, Commerce, agriculture etc. The state government is the deciding authority for framing laws on these subjects
  • Concurrent List: This list includes topics on which both the Union and the state government can make laws. These are related to education, forests, trade unions etc. One point to be noted is if the two governments are in conflict with these laws, the decision of the Union Government will prevail, It is the final authority.

Doctrine of Reinstatement

Reinstatement of any property generally means replacement of what is lost or repairing the damaged property by bringing it to its original value and usefulness.

The term “reinstate”, in a Fire Insurance Policy refers to buildings and the terms “replace”, refers to goods which have been completely destroyed. But we generally use term “restoration “which has combined effect of “reinstatement “as well as “replacement”. Normally insurer indemnify the insured of the loss suffered by him, but the insurer with the consent of the insured can take recourse to reinstatement.

 Reinstatement Value This is the fire policy with the reinstatement value clause attached to it. The clause provides that in the event of loss, the amount payable is the cost of reinstating property of the same kind or type, by new property (i.e.) “New for Old”. This basis of settlement differs from the basis under the fire policy where the losses are settled on the basis of market value i.e. making deductions for depreciation, etc. Under reinstatement value policy, it is possible to cover the depreciated value of the building or machinery. The cost of replacement of the damaged property is ascertained by new property of the same kind. If due to technical improvements the new machinery is better than the damaged machinery e.g. output is increased with less consumption of power, the insured is obliged to bear a part of the cost of the new machinery to ensure that he does not derive any undue benefits. Thus, the principle of indemnity is still observed. The reinstatement value clause incorporates the following special provisions:

(a) Reinstatement must be carried out by the insured and completed within 12 months after the destruction or damage, or within such extended time as may be allowed by insurers, failing which the loss will be settled on the normal indemnity basis i.e. according to the Fire Policy. 

(b) Until reinstatement is carried out, the liability under the policy remains on the normal indemnity basis. i.e. market value basis. 

(c) Pro-rata Average is applied by comparing the sum insured with the cost of reinstatement of the entire property insured as on date of reinstatement. 

(d) The reinstatement basis of settlement will not apply

 (i) If the insured fails to intimate to the insurer within 6 months or any extended time his intention to replace the damaged property. 

(ii) If the insured is unable or unwilling to replace the damaged property. In such cases the loss will be settled on the normal basis of indemnity.

(e) The work of reinstatement may be carried out upon another site and in any manner required by the insured provided the liability under the policy is not thereby increased.These insurances are granted to insureds whose bonafides are satisfactory and, are generally issued only in respect of building, plant and machinery in a comparatively new condition. 

These insurances are not granted on stocks.

b) Local Authorities Clause 

Reinstatement Value Policy may be extended to cover such additional cost of reinstatement of the destroyed or damaged property as may be incurred solely by reason of the necessity to comply with the Building or other Regulations under any Act of Parliament or bye-laws of any Municipal or Local Authority.

c) Agreed Bank Clause 

All policies in which a Bank has a partial interest are to be made out in the name of the Bank and Owner or Mortgagor and the Agreed Bank Clause incorporated in the policy. 

The salient features of the clause are : (a) The claim is payable to the bank whose receipt shall be a complete discharge and binding on all parties insured. (b) Any notice under the policy is sufficient if given by or to the bank. (c) Any settlement, compromise etc. in relation to dispute if made with the bank shall be valid and binding on all parties insured. (d) Any alteration or increase in risk does not invalidate the insurance, provided the bank notifies the same as soon as it comes to its knowledge and pays additional premium.

Doctrine of subrogation:

Meaning of Subrogation:

“SUBROGATION” means substitution of a person or group by another in respect of a debt in insurance claim, accompanies by the transfer of any associated rights and duties. Investopedia: “Subrogation is a term describing a legal right held by most insurance carriers to legally pursue a third party that caused an insurance loss to the insured. This is done in order to recover the amount of the claim paid by the insurance carrier to the insured for the loss.” The term ‘Subrogation’ in the context of Insurance, has been defined in Black’s Law Dictionary as: “The Principal under which an insurer that has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a third party with respect to any loss covered by the policy”.

Principle of subrogation refers to the practice of substitution of a person or group by another in cases of debt claims in insurance. Subrogation is an important component of indemnity principle, which is a differentiating factor between a commercial contract and an insurance contract.

Subrogation is defined under the Marine Insurance Act, 1963. It says that the insurer (which is the insurance company) pays for a loss to the insured (an individual or company) due to the wrongdoing of a third party, then the insurer has the authority to subrogate the rights of insured and therefore is able to prosecute a suit against the wrongdoer for the recovery of the amount it had paid to the insurer.

By invoking the principle of subrogation, the insurer (which will be the insurance company) gets hold of the insured property and with this has the legal right (seeking claim) of the insured property.

In other words, once the insurer has paid the insured for any loss or damage to the property, the right to ownership of property then passes on to the insurer.

it was explained by Chancellor Boyd in National Fire Insurance Co. Vs. McLaren; “The doctrine of subrogation is a creature of equity not founded on contract, but arising out of relations of the parties. In cases of insurance ,where third party is liable to make good the loss, the right of subrogation depends upon and is regulated by the broad underlying principal of securing full indemnity to the insured, on the one hand ,and on the other of holding him accountable as trustees for any advantage he may obtain over and above compensation for his loss. Being equitable rights, it partakes of all the ordinary incidents of such rights, one of which is that in administering relief the Court will regard not so much the form as the substance of transaction. The primary consideration is to see that the insured gets full compensation for the property destroyed and the expenses incurred in making good his loss. The next thing is to see that he holds any surplus for the benefit of the insurance company.”

Categories of Subrogation

i) Subrogation by Equitable Assignment; This type of subrogation is not evidence by document, but is based on insurer policy and receipt issued by the assured acknowledging full settlement of claim relating to loss. Where the insurer has paid full loss incurred by the assured, it can sue in the name of the assured for the amount paid to the assured. Let’s consider an example, Mr. A has lodged a claim on insurance company X Ltd, against his fire insurance policy of Rs. 10.00 Lakhs. In real case the fire broke due to mistake or negligence of Mr. B, neighbor of Mr. A. The insurance company X Ltd., has paid Rs. 10.00 Lakhs to Mr. A and acquired right to sue Mr. B on behalf of Mr. A for his negligence. If any amount received from Mr. B to Mr. A, Mr. A should return it to the X Ltd. In another case if X Ltd, has paid only Rs. 5.00 Lakhs and Mr. A received from Mr. B Rs.6.00 Lakhs then he has to return X Ltd., Rs. 1.00 Lakh. 

ii) Subrogation by Contract; In this category, Subrogation is evidenced by an Instrument. To avoid any dispute about right to claim reimbursement , or to settle the priority of inter-se claims or confirm the quantum of reimbursement in pursuant of subrogation , and to ensure cooperation of assured in suing the wrongdoer , the insurer usually obtains a Letter of Subrogation in writing , specifying its rights vis-vis the assured. Letter of Subrogation is a contractual arrangement, which specifies the rights of insurer and the assured. Through this insurer get the rights to sue the wrongdoers on behalf of assured and recovered the amount paid by it the assured under insurance policy to the extent excess of the loss incurred by the assured. 

iii) Subrogation -cum-assignment; In this case assured executes a Letter of Subrogation-cum-assignment enabling the insurer retain entire amount recovered (even if it is more than, what was paid by insurer to the assured) and giving an option to sue in the name of assured or to sue on its own name.

In all above three cases an insurer asks assured to sue the third party(wrongdoer) and can join as co-plaintiff or an insurer may obtain a Special Power of Attorney from the assured and sue the wrongdoer as attorney of the assured.

Principals of Subrogation;

 1. Equitable right of subrogation arises when insurer settles the claim of the assured, for the entire loss. When there is equitable subrogation in favour of the insurer, then the insurer entitles to stand in shoes of the assured and sue the wrongdoer; 

2. Subrogation not terminate the rights of assured to sue the wrongdoer and recover loss. The Subrogation only gives rights to the insurer to sue the wrongdoer on behalf of assured; 

3. Where assured has issued a Letter of Subrogation, reducing the terms of subrogation, the rights of insurer vis-vis the assured will be governed by the terms of Letter of Subrogation;

 4. Any plaint, complaint, or petition for recovery of compensation can be filed in the name of the assured, or by the assured represented by the insurer as Subrogee-cum-attorney, or by the assured and insurer as co-plaintiff or co-complainants. Advertisement

 5. Where assured has issued a Letter of Subrogation-cum-assignment in favour of insurer, the assured has left no right or interest. The assured in this case no longer entitle to sue wrongdoer, on its own account and for its own benefit. In this case the insure become entitle to the whole amount recovered from the third party or wrongdoer, even though it has paid less amount than the amount recovered to the assured to settle the claim.

DIFFERENCE BETWEEN SUNNIS AND SHIAS

Sunni LawShia Law
OriginThe Sunnis are the successor of the prophet.Shia are descendants of the prophet, Ali and is the leader of Divine Right.
Marriage1.Presence of Two witnesses are required at the time of marriage.(two male witnesses).
2. Marriages are divided into valid, invalid  and irregular(voidable) marriages.
3. There is a long list of other guardians for the purpose of marriage besides the father and grandfather , who can act as Wali-ul-nikha, they being father, father’s father how high soever, brother, other paternal relations, mother, maternal uncle,etc.,		1.Presence of two witnesses are not required at the time of marriage.
2.Marriages are either valid or void.

3. Under Shia law only the father and grandfather can act as legal guardians. i.e., Wali-ul-nikah for the purpose of marriage, other being regarded as fuzuli or unauthorized persons.
Dower1.10 dirhams the minimum amount of dower.
2. There is no upper limit of dower.
3. There is no agreement between parties, the rule is to regard part as prompt and a part deferred the proportion of each being determined with due regard custom, status of the parties and the amount of dower settled.		1.it does not fix any minimum limit of dower.
2. 500 Dirhams as proper dower.presumption of 500 dirhams as the maximum in case there is no stipulation.
3. There is no stipulation, at the time of marriage whether dower is to be prompt or deferred the whole of it is presumed as prompt.
Divorce1.Marriage can be canceled on the ground of inequality between the two parties amongest Sunnis
.2. Hold two years as the period of gestation.
3. Talaq may be oral or in writing.
4.Talak – ul- biddat is recognized.
5. Two witnesses are not required in the presence of talaq.
6. If the words of divoce in jest, in a state of voluntary intoxication or under compulsion of the rests of a serious nature.		1. Marriage cannot be canceled on the ground of inequality between the parties.
2.Hold ten months as the longest period of gestation.
3. Talaq must be pronounced orally in Arabic language, talaq in writing does not affect.
4. Not recognized.   
5. Two witnesses are required in the presence of talaq.
6. Divorce under compulsion or threats or in intoxication is void.
MaternityMaternity of the child, under sunni law, is established in the woman who gave birth to the child whether by fornication or by valid marriage.A child born of fornication is deemed to have no mother at all and the maternity of a child born to a woman who was validly married before conception is established in the woman.
GuardianshipMother has entitles to the custody of the boy upto seven years and a girl until she attains puberty.Mother is entitled to the custody of boy to two years and a girl upto 7 years.
MaintenanceThe liability of maintenance is shared equally by his children. The burden is shared according to the means and ability of each.
Wills1. Consent of the heirs is essential to validate a bequeth.




2.The Legacy lapse, in case of the legatee’s death in the lifetime of the testator.		1.a person is an absolute owner of the one-third of his estate and can bequeath that one-thri without the consent of the other heirs.if the legacy exceeds one-third it is not valid even under the shia law unless the other heirs consent thereto.
2.In case of the legatee’s death in the lifetime of the testator, the legacy passes to his heirs unless it is revoked by the testator.
GiftA gift of undivided share in the property is invalid if it is incapable of partition.A gift of undivided share in the property is valid provided, it is capable of partition.
Inheritance1.There are three classes of heirs namely1.sharers2.residuaries3.distant kindred2. The doctrine of primogeniture is not recognized.

1.There are two classes of heirs namely1.Shares and 2. Residuaries.
2.The doctrine of primogeniture is recognized ie., the eldest son gets the deceased father’s garment, the signer-ring, the sword and the quran.
Waqf1.Waqf inter vivos is completed by a mere declaration of an endowment by the owner.
2.The settler may provide for his own maintenance and support during his lifetime or for the payment of his debts out of the rents and profits of the property .
1.A waqf is invlid unless accompanied by delivery of possession .The mere declaration of endowment is not enough.
2. A provision for the payment of personal debts of the waqf is not permissible and will make the wakf invalid.

APOSTASY

Apostasy is derived from the Greek word apostasies, which means defection. To aid, Apostasy is the abandonment of belief or faithlessness. On conversion to Islam, converts, no matter what their previous religion may have been, must be taken, at that moment, to have renounced their former religion and personal law, and to have substituted, in its place, the Muslim religion and so much of the personal law as necessarily flows from that religion.

Apostasy is called ridda in Islamic literature. An apostate is called murtad, which means ‘one who turns back’ from Islam. A person born to a Muslim parent who later rejects Islam is called a murtad fitri, and a person who converted to Islam and later rejects the religion is called a murtad milli. 

Effect of apostasy on marriage 

Before the Dissolution of Muslim Marriage Act, 1939, apostasy from Islam by one of the married pair would have been treated as dissolution of marriage with effect immediately, without:the decree of a judge; or being a repudiation of marriage, whether the conversion was before or after consummation. After passing the Act in 1939, it resulted in section 4 of the Act.

Regarding apostasy the Prophet said – “the entire estate of a male apostate descends to his Muslim heirs whether it was acquired before or after apostasy. Similarly, in the case of a female apostate, her entire property whether acquired before or after apostasy goes to her Muslim heirs”.

Apostasy by husband 

Apostasy from Islam from Muslim husband will have immediate effects of dissolution of marriage. Section 4 of the Dissolution of Marriage Act, 1939 does not apply to apostasy by the husband. The result is that apostasy of the husband is still governed by old law under which the renunciation from Islam by a husband will result in complete and immediate dissolution of marriage. 

Apostasy by wife 

The conversion of a married Muslim woman to a faith other than Islam does not by itself operate to dissolve her marriage. Moreover, even after renouncing Islam, if the wife wants, she may obtain a decree for the dissolution of her marriage on any of the grounds specified in Section 2 of the Act.1937.